PCGamesN has details on a lawsuit filed this week by 3D Realms against
Gearbox Software in Texas District Court over unpaid royalties for Duke Nukem
Forever, the first-person shooter sequel completed by Gearbox after its 12-year
development cycle bankrupted 3D Realms. The suit alleges that 3D Realms is owed
more than $2 million and that Gearbox has refused to submit to a contractually
agreed upon audit of royalty statements. They have reached out to former 3D
Realms staff for comment and have so far not received one, but
Kotaku has the following statement about the matter from
Gearbox:

Ironically, Scott Miller himself provided the best response when
he wrote: "... filed lawsuits are entirely one-sided statements, based on
knee-deep BS and with more spin than a top."

The reality is that Apogee / 3D Realms (3DR) received the full benefit of its
bargain. Gearbox, in its fulfillment of its commitments, enriched 3DR, saved 3DR
from its debts and rescued 3DR from its litigation surrounding its failed
dozen-plus year attempt to ship Duke Nukem Forever.

Everyone wished that 3DR's game was better received by the market for the
benefit of gamers and profit to its creators. While 3DR might not wish the
reality that the results make clear, 3DR turned out to be the only beneficiary
of the deal. Gearbox Software, meanwhile, experienced damage to its credibility
and loss of its money.

It's unfortunate that 3DR did not abide by the the objective audit rules
outlined in the agreement and even more unfortunate that it chose to blame its
failures on Gearbox. Since 3DR seems unable to accept reality and has chosen to
become hostile, Gearbox is forced to bring its actual claims of breach of
contract against 3DR and is confident Gearbox will prevail.

Perhaps the lesson learned here is to never enter a gaming business deal with a
person who has had more lawsuits than shipped games.

Wow. I used to live on 3DRs forums. I can't believe they have fallen so far down that they feed off the crumbs of others who finish their work. If I were Broussard or Miller, I would be ashamed. But I guess when you've lived off others for so long, you don't think like that.

If Gearbox has refused to submit to a contractually agreed upo audit of royalty statements then what the fuck are we talking about?? They are fucking HIDING something? Im not one to defend Broussard but Randy has proven time and again that he is a douchebag who wants to make a quick buck at the expense of gamers and at the expense of the IP involved.

Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.

... ... ... ... ... ...

Listed in order in which they were perceived...

=-Rigs-=

'Now we gave you a promise! And we are bound by that promise. And damn you for asking for it! And damn me for agreeing to it! And damn all of us to Hell because that is exactly where we're going!' -John Sheridan, 'And All My Dreams Torn Asunder', B5

Dev wrote:I DOUBT that gearbox lost money on it. Because they sure didn't put much into it. Gearbox says its "3dr's" game, but last I heard, this was all done by gearbox. Didn't they mostly just get the IP and the game itself was done from scratch over again by gearbox?

No, there were things in the final release of the game that I recognized from pre-y2k. From people I know at Gearbox, it was practically finished when they got it, and the only thing stopping it's release was Broussard's inability to let go.

Redmask wrote:No good deed goes unpunished, did these clowns a favor by releasing their game that would never otherwise made it to market and got punked for it.Gearbox might make some pretty crappy games from time to time but this lawsuits stinks

I'm not actually aware of the recent lawsuits to Gearbox, so maybe my reaction would differ if so, however...Pitchford did a personal favor to Broussard, after Broussard met with him and gave him a seriously earnest and heartfelt admission of defeat and regret, to resurrect and complete DNF's development. A PERSONAL FAVOR. They are a business, they obviously saw money in it, but the fact that a man put a company he represents on the line for a friend is taking a big-fucking-leap.

The fact that this same "friend" would sue them.....

Holy fucking shit.

Lastly, I had fun with DNF too, and I really don't give a shit about Duke Nukem. It was a decent game. Would have been AMAZING if it were released 8-10 years ago.

Heh, cocky son of a gun aint he... Definitely sounds like he would be one who would screw someone over.. You Can see it in his own words... Who is he blaming the failure of DNF over? He didnt see that before he tried to milk a genre of what he thought would be an easy pile of cash? Guy does'nt know shit about Duke Nukem character, other than trying to be a one liner mastro.. utter failure.. game was horse crap. Probably is willing to accept to be sued to not disclose to the public what failure he was evolved in... sounds like he is the ego maniac

I would agree it was an about-average shooter. Most of the negativity was very subjective in that it had more to do with 12 years of expectations than legitimate complaints about the game itself.

I would also agree that Gearbox needs to stop taking on these charity case development projects, because they're just not working out for them... Probably the reason those projects were struggling to begin with.